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august 2003

Supreme Court of India · 2003-08-01

Lakha Ram Sharma vs Balar Marketing Pvt. Ltd.

Citation / case number
AIRONLINE 2003 SC 749
Court
Supreme Court of India
Petitioner
Lakha Ram Sharma
Respondent
Balar Marketing Pvt. Ltd.
Bench
S.N. Variava, H.K. Sema

Judgment text excerpt

The Supreme Court held that the High Court erred in disallowing the appellant's amendment to raise the valuation of the Suit from Rs. 1,00,000 to Rs. 10,00,000, stating that the merits of the claim should not be considered at the amendment stage. The Court emphasized that an amendment should not be refused merely because it may affect the jurisdiction of the court. The impugned order of the High Court was set aside, restoring the trial court's decision to allow the amendment, while directing the trial court to assess the correctness of court fees based on the new valuation.

Lakha Ram Sharma vs Balar Marketing Pvt. Ltd. · Niyam